[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Notices]
[Pages 18001-18004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7042]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0074; FRL-7703-8]


Iprovalicarb; Notice of Filing a Pesticide Petition to Establish 
a Tolerance for a Certain Pesticide Chemical in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide 
petition proposing the establishment of regulations for residues of a 
certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket identification (ID) number OPP-
2005-0074, must be received on or before May 9, 2005.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mary Waller, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9354; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111)
     Animal production (NAICS 112)
     Food manufacturing (NAICS 311)
     Pesticide manufacturing (NAICS 32532)
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

[[Page 18002]]

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2005-0074. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket 
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The docket telephone number is (703) 305-
5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2005-0074. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2005-0074. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0074.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information

[[Page 18003]]

and Records Integrity Branch (PIRIB), Office of Pesticide Programs 
(OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
Number OPP-2005-0074. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. What Action is the Agency Taking?

    EPA has received a pesticide petition as follows proposing the 
establishment and/or amendment of regulations for residues of a certain 
pesticide chemical in or on various food commodities under section 408 
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. 
EPA has determined that this petition contains data or information 
regarding the elements set forth in FFDCA section 408(d)(2); however, 
EPA has not fully evaluated the sufficiency of the submitted data at 
this time or whether the data support granting of the petition. 
Additional data may be needed before EPA rules on the petition.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: March 28, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

Summary of Petition

    The petitioner summary of the pesticide petition is printed below 
as required by FFDCA section 408(d)(3). The summary of the petition was 
prepared by the petitioner and represents the view of the petitioner. 
The petition summary announces the availability of a description of the 
analytical methods available to EPA for the detection and measurement 
of the pesticide chemical residues or an explanation of why no such 
method is needed.

Bayer CropScience AG

PP 3E6578

    EPA has received a pesticide petition (3E6578) from Bayer 
CropScience AG; 2 T.W. Alexander Drive; Research Triangle Park, NC 
27709 proposing, pursuant to section 408(d) of the Federal Food, Drug, 
and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR 180.581 by 
establishing a tolerance for residues of iprovalicarb in or on the raw 
agricultural commodity tomato at 1.0 parts per million (ppm). EPA has 
determined that the petition contains data or information regarding the 
elements set forth in section 408(d)(2) of the FFDCA; however, EPA has 
not fully evaluated the sufficiency of the submitted data at this time 
or whether the data support granting of the petition. Additional data 
may be needed before EPA rules on the petition.

A. Residue Chemistry

    1. Plant metabolism. The metabolism of iprovalicarb was 
investigated in grapes, potatoes and tomatoes, and the metabolic 
pathway is similar in the three crops. The rate of degradation on 
plants is quite low, and the parent compound was always the major 
component, with quantitatively relevant metabolites formed only in 
potatoes. The metabolites observed in the potato were also observed in 
the rat. Therefore, iprovalicarb is the only residue of concern. Plant 
metabolism proceeds along three pathways:
    i. Hydroxylation/glycosylation of parent at the 4-methyl group on 
the phenyl ring, followed by further conjugations.
    ii. Cleavage of the amide group between the L-valine and p-methyl-
phenethylamine moieties.
    iii. Hydroxylation/glycosylation of parent at the phenyl-ring 3 
position.
    2. Analytical method. Iprovalicarb residues are quantified by 
reversed phase HPLC with Electrospray MS/MS-detection. The instrument 
response was linear over the range of 0.0005 to 0.26 ppm. For the 
analysis of iprovalicarb residues in tomatoes, the limit of 
quantification and the limit of detection were determined to be 0.02 
ppm and 0.005 ppm, respectively. Iprovalicarb residue recoveries ranged 
from 81% to 98% for tomato samples fortified at 0.017 ppm and from 80% 
to 90% for tomato sampled fortified at 0.166 ppm.
    3. Magnitude of residues. Twenty residues trials were conducted 
that are representative of tomatoes grown in countries that export 
tomato commodities to the United States. The maximum iprovalicarb 
residue in/on whole, unwashed tomatoes grown for exportation to the 
United States was 0.41 ppm. The average iprovalicarb residue in/on 
whole, unwashed tomatoes grown for exportation to the United States as 
fresh tomatoes and processed tomatoes was 0.12 ppm and 0.07 ppm, 
respectively. Washing of whole tomatoes reduces iprovalicarb residues 
by 56%. Iprovalicarb residues were reduced by 88%, 73% and 71% via 
processing of fresh, unwashed tomatoes to peeled fruit, juice and 
puree, respectively. The iprovalicarb residue concentration factor for 
tomato paste is 1.38. The theoretical maximum iprovalicarb residue in 
tomato paste is 0.56 ppm, (0.41 ppm x 1.38 = 0.56 ppm). Since tomato 
paste is a blended commodity and the average residue in/on tomatoes 
grown for export to the United States as processed tomatoes is

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 0.07 ppm, the anticipated iprovalicarb residue in tomato paste is only 
0.10 ppm. (0.07 ppm x 1.38 = 0.10 ppm).

B. Toxicological Profile

    OPPTS Harmonized Guideline 870.1100, Acute oral toxicity, 
LD50 5,000 milligram/kilogram/body weight (mg/kg/bwt) is the 
only entry that did not appear in Table 1 of the final rule of August 
22, 2002.
    1. Acute toxicity. See Table 1 of the final rule published in the 
Federal Register of August 22, 2002 (67 FR 54351) (FRL-7194-3).
    2. Genotoxicity. See Table 1 of the final rule published in the 
Federal Register of August 22, 2002 (67 FR 54351).
    3. Reproductive and developmental toxicity. See Table 1 of the 
final rule published in the Federal Register of August 22, 2002 (67 FR 
54351).
    4. Subchronic toxicity. See Table 1 of the final rule published in 
the Federal Register of August 22, 2002 (67 FR 54351).
    5.Chronic toxicity. See Table 1 of the final rule published in the 
Federal Register of August 22, 2002 (67 FR 54351).
    6. Animal metabolism. See Table 1 of the final rule published in 
the Federal Register of August 22, 2002 (67 FR 54351).
    7. Metabolite toxicology. The toxicity of p-methyl-phenethylamine, 
a rat, plant and soil metabolite, was investigated in two studies:
    i. The acute oral LD50 in Wistar rats was determined to 
be in the range of 300 to 500 mg/kg/bwt.
    ii. No mutagenic activity was observed in the Salmonella/microsome 
test. p-Methyl-phenethylamine was found at concentrations of <0.2% and 
has been determined to not be toxicologically significant.
    8. Endocrine disruption. No endocrine disruption potential was 
observed in the 2-generation reproduction study, developmental toxicity 
studies, subchronic feeding studies, and chronic feeding studies.

C. Aggregate Exposure

    1. Dietary exposure. There are no registered uses of iprovalicarb 
in the United States, and no registrations are pending. Dietary 
exposure to iprovalicarb in the United States is limited to residues 
in/on imported grape commodities and the proposed imported tomato 
commodities.
    i. Food. Exposure to iprovalicarb residues in food is limited to 
imported grape and tomato commodities. U.S. consumption of fresh 
grapes, grape juice, raisins and wine that is from imported sources is 
estimated to be 35%, 43.3%, 7%, and 15%, respectively. The percent U.S. 
consumption of tomato commodities potentially treated with iprovalicarb 
that is from imported sources is estimated to be 13.4% for fresh 
tomatoes and 2.9% for processed tomatoes.
    ii. Drinking water. Iprovalicarb is not registered for use in the 
United States. Therefore, there is no exposure to iprovalicarb through 
drinking water in the United States.
    2. Non-dietary exposure. Iprovalicarb is not registered for use in 
the United States. Therefore, there is no non-dietary exposure to 
iprovalicarb in the United States.

D. Cumulative Effects

    Iprovalicarb is a member of a new class of chemistry and does not 
have a mode of action that is common with other registered pesticides. 
Therefore, there are no cumulative effects.

E. Safety Determination

    1. U.S. population. Iprovalicarb has low acute toxicity, so no 
acute safety determination is needed. EPA has previously determined 
that the chronic Population Adjusted Dose for iprovalicarb is 0.026 mg/
kg/bwt/day and the uncertainty factor is 100. Based upon average 
residues in/on imported tomato commodities, and assuming that 100% of 
the tomato commodities that are imported from countries in which 
iprovalicarb is potentially used have been treated with iprovalicarb, 
the estimated chronic dietary risk based upon exposure of 50% of the 
reference population was estimated using CARES verison 1.3 to be 0.1% 
of the cPAD. The excess lifetime cancer risk was estimated using CARES 
version 1.3 to be 1.64 x 10-8.
    2. Infants and children. The population subgroup with the maximum 
estimated dietary exposure is children age 1 to 2 years old. For this 
subgroup, and using the same assumptions as listed for the U.S. 
population, the estimated chronic dietary risk is 0.5% of the cPAD.

F. International Tolerances

    Currently, there is no CODEX maximum residue level (MRL) for 
iprovalicarb residues in/on tomatoes. Italy is the only country for 
which there currently is a registration for the use of iprovalicarb on 
tomatoes and for which the additional active ingredient included in the 
formulation for resistance management purposes also has a U.S. 
tolerance. Italy has established an MRL of 1.0 ppm for iprovalicarb 
residues in/on tomatoes.

[FR Doc. 05-7042 Filed 4-7-05; 8:45 am]
BILLING CODE 6560-50-S